Apple Just Disabled Clearview AI's iPhone App for Breaking Rules on Distribution
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As much as I dislike the privacy invasive things that Clearview is doing, I don’t like Apple’s power to ban people from running whatever software they want if they’re not using the App Store or asking for endorsement or review by Apple. If you’re distributing your software privately and independently of Apple (i.e., not through the App Store), then you should be able to do whatever you want. We don’t want a world where car companies get to disable your car if you carried something in your car that they didn’t like.
And given how many companies want to use the iPhone for nefarious means I like the fact that Apple is looking after me. Many other users feel the same.
A curation service that forbids people from using competing services (or making their own decisions without any curator) is a monopolist trying to control a new market.
edit:
[1] "Which is similarly unacceptable, you own it, you decide what runs on it. Madness that it could ever come to this."
A manufacturer looses control of their product after the first sale[1].
If you don’t like Apple’s policies you are free to buy an Android device.
The free market is great isn’t it? It’s surprising what intelligent people can do without giving the government more power.
They are general purpose computers; this does apply to most products with a processor. However, there are practical differences in what you can implement on an iPhone compared to a tiny embedded CPU with a few kB or MB of RAM.
> Apple isn’t selling a device that you can do with as you please
Transferring ownership of property is the very definition of "selling" something. If Apple want to restrict what people do with their device, they shouldn't be selling it. They can rent/license it, and a very different set of laws would apply.
> If you don’t like Apple’s policies you are free to buy an Android device.
I am also free to use the goods I bought in violation of those policies. That's what it means to own something.
> giving the government more power.
Who is giving the government which new powers? I'm talking about basic property rights.
So by that standard, an Apple //e with 128KB of RAM and 1Mhz processor wasn’t a general purpose computer?
Transferring ownership of property is the very definition of "selling" something. If Apple want to restrict what people do with their device, they shouldn't be selling it. They can rent/license it, and a very different set of laws would apply
So does the same rule apply to game consoles? My TV with an embedded Roku?
Whilst you might buy the phone, I believe you effectively "rent/license" iOS, no? Which means Apple are restricting not what you do with "your device" but "their OS". No ownership of iOS has been transferred.
(I know the two are intimately tangled and this is nitpicking but we're well into the legal nitpicking weeds here.)
Alan Turing and Alanzo Church.
https://en.wikipedia.org/wiki/Church%E2%80%93Turing_thesis
https://en.wikipedia.org/wiki/Turing_completeness
However, my use of the term is an explicit (my previous [2]) reference to these important talks by Cory Doctorow about the War on General Purpose Computing, which I strongly recommend watching/reading:
The relational model is hugely expressive, and yet it is not Turing complete. So you have something that is plainly general purpose, but would be exempt from such a law.
That you can modify the relational model to make it Turing complete is irrelevant, it's already hugely expressive.
And that you'd typically run it on a machine that is Turing complete doesn't save you. If a manufacturer wanted to bypass that restriction, they'd design a system that is entirely dedicated to it.
I wonder how difficult it would be to make a purely electromechanical decision table. ( https://en.wikipedia.org/wiki/Decision_table )
You can implement the entire relational model with about 8 operators and graph transformations, mostly distribution. You can add math functions as virtual tables, e.g. join against the times table to do multiplciation.
I wrote a paper on how this works, and while it was about ten years ago, I'm pretty sure you could do the algebraic transformations needed with just a stack, so I think you could do it with a finite state automata.
But see my response to myself.
[1] https://docs.microsoft.com/en-us/sql/t-sql/queries/with-comm...
You have a much greater ability to inspect any code / processes that run on a general purpose computer running Windows and the like. With an iOS device, you have it on trust that the app isn’t doing anything nefarious. In that context, Apple’s role as benevolent guardian as to what is and isn’t allowed makes more sense.
A cell phone is increasingly people's primary computer for everything. And many times their only computer!
Seriously, most people don’t need their phone to qualify as a computer under your definition. You’re actually being somewhat presumptuous when you infer that people must own at least one “proper” computer.
If China forces Apple to pull an app for protesters from those protester's primary computer, it's a huge issue.
And I reject the claim that the scale of the issue is different between a phone and a games console. Who are you to say that a games console can’t be used for secure communications by protesters? That is equivalent to saying that we should be more concerned about crackdowns against journalists than against political satirists.
Unintentional irony? You are apparently not aware that this is a perennial topic among car enthusiasts, because people noticed that small vehicles usually have much smaller tow ratings (if any) in the US than Europe, even though they seem to be mechanically the same. In the US, people use massive trucks to tow, and from what I've read, in Europe, they don't seem to need them.
And I can jailbreak an iPhone.
————————
You could also buy a proper truck suited to the task.
And you can buy a proper computer suited to the task.
Apple designs its iOS products to have a fully managed software-hardware ecosystem. That has a direct consequence of limiting libre freedom, but that doesn't mean Apple opposes the idea of giving customers freedom. They'll happily sell you a different computer with more freedom.
The car maker designs its subcompact crossover to have low cost and good fuel economy. That has the direct consequence of limiting towing capacity, but that doesn't mean the car maker opposes the idea of giving customers towing capacity. They'll happily sell you a different vehicle with more towing capacity.
Let's review:
Managed ecosystem <————> Able to execute whatever
Small and lightweight <————> Able to tow heavy loads
The analogy holds. More fundamentally I care more about customers having the right to choose the best product for themselves, rather than having @anoncake decide what's best for all of us.
> They'll happily sell you a different computer with more freedom.
Not one that fulfills the same purpose. Macs hardly fill the same niche as iPhones. If Apple sold both restricted and free iPhones at the same price, no one would object. Then customers would have a choice rather than Apple deciding what's best.
I'm sorry, but I don't think you understand how capitalism works. Apple isn't forcing anyone to buy an iPhone, other brands are available. And Apple isn't forced to make products which comply with your personal desires.
I’d be hard pressed to call Apple a monopoly given their market share, but obviously market dominance isn’t a black/white thing (since even a real monopoly may have 99% market share and 1% competition). By some metrics that are relevant to certain markets (like app store revenue) Apple may have a majority market share, which probably gives them quite a lot of leverage and ability to engage in anti-competitive behavior.
More broadly it’s a market dominated by two trillion dollar companies with big network effects, which is a reduced level of competition compared to most other things, and it may be harmful for consumer choice for competition to also be reduced in other markets (like non-OS software or marketplaces for such) due to tying products together.
I don’t personally have a strong opinion on this but I think there’s a reasonable case to be made for regulation on those grounds. The challenge would be finding rules that are simple and clear cut without micro managing what companies can build.
Hypothetically the regulations might specify that the vehicle must be capable of safely towing the stated load without overheating at X incline at Y speed for Z time at A altitude, be able to stop in B meters, plus C overall safety margin. It's entirely reasonable and rational that the values of X, Y, Z, A, B and C might be different in Europe and North America.
Vote with your dollars.
Apple takes away the ability to:
- see what the apps on your phone are doing
- let you prevent them from doing it.
The big one is networking. Apps can use the network without restriction. apps can link in SDKs that can contact any and all online advertisers. Apple does not allow firewall apps.
A console is a pure luxus good with many alternatives, one which is pretty open (the computer).
A phone is a by now pretty much necessary(1) equipment for the daily live majorly affecting it. With just two "viable" alternatives Android and iOs and a ecosystem+patent mess which make it close to impossible to create a 3 competitor (besides niche markets).
So it's ok if a game console is looked up, it's not if a phone is looked up. (EDIT: REMOVED misleading sentence)
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(1): Yes you can live with old style phones and I know even one person which does so. But it's a major impact onto your live making it hard in many often subtitle ways so not really viable for the general population. E.g. for Banks in the EU to buy anything over Credit Card which is not little risk (mid or higher amount, untrusted shop in Asia, etc.) it will enforce second factor authentication of the transaction. The gotcha is that for some (?many?most?) banks this can only be done through a phone app only available on iOs and _Unrooted_ Android, but not Windows or rooted Android or over a web interface or OS X or Desktop Linux. So basically you can't any longer properly use a credit card without a locked up smartphone with some (?many?most?) European banks...
If you want flexibility, don’t buy an iPhone. Simple.
This has already been abused with simple things like location and microphone, with people giving apps access to everything.
I think the current solution is sub optimal, but I like having the security on my iPhone to download anything and be fairly confident it won't send all my details to some credit acrd number collecting hacker.
This is no different from you writing a pornhub app on your own iOS device using your own developer account and Apple reaching in and saying “nuh uh, not on our, I mean your device”...
Your snark is unwarranted though.
But the enterprise program IS using the App Store. An enterprise distribution just sets up a virtual App Store within the larger App Store. It's still a service that Apple provides that comes with a business agreement and terms of service (that these terms may be ethically uncool is an orthogonal point that we both probably agree on).
No one is stopping Clearview from hosting their code on GitHub with a Readme.md that makes it clear how to download XCode, and how to build an install the app on their own phone. Not even Apple.
Can they, in theory, opt out of the Apple ecosystem entirely, root the phone and develop their own software outside of Apple entirely?
Does this mean that certain attractive but dangerous plants will be excluded from the garden? Yes, but that is by design.
If you want to bear the risk of toxic fruit and poisonous plants and feel that you can do as good a job as my gardener, go ahead and build your own garden. I won’t visit because I do my care for spending time to distinguish grass that is safe to lay on from grass that will poison me.
I think Clearview AI should have been "taken down" by the government based on reasonable laws (which I guess don't exist).
I don't think Apple/Google/Amazone or any other company should need to find ways to "punish" a bad actor. Nor should they be allowed to do so as this is a abuse of power and a intervention into politics and moral aspects companies should not do. Nor feel the need to do so. (I mean who decides what constitutes as a "bad actor").
But then we live in times where the Goverment fail to protect their people (at least in cyberspace). Sometimes even repeatedly try to endanger their people (e.g. some of the anti crypto laws). And most importantly increasingly fail to represent the values of large parts of the population.
So I guess it's now the new normal that companies openly (ab-)use their power to push (or hinder) certain thinks which should fall into the area of country governance.
Honestly not really anything new, but sad nevertheless.
Apple didn’t take any kind of moral decision here. It just enforced its policy for distribution of apps, just like it did for Facebook and Google last year. The decision is not about whether Clearview’s app or service is a threat to society or privacy.
The big question is why this company didn't just distribute the software through the App Store. Is it a violation of Apple's App Store policies?
They most certainly did. This is both public virtue signaling and internal employee appeasement. They have good lawyers, so they had the lawyers come up with another reason, but it's purely a moral stance.
Maybe you think Clearview is fine to offer the service, but there are people who disagree based on moral, ethical and practical arguments - and this action seems in line with Apple's stated privacy concerns and prior enforcement of their enterprise distribution agreement.
I guess the choice everyone in SC can make into the future is too avoid and essentially blacklist the people who work for, fund or facilitate the success of companies like clearview AI.
People are always talking about culture fit here. Moral fit?
At most you can ban outcomes - persecution, discrimination, etc. But when every Guatemalan farmer can setup their own facial recognition startup - the genie is out of bottle.
You can also change incentives. If aggregating faces into a database makes you liable for the damage that happens when that database is used, the "Guatemalan farmer" (and any business that wants reasonably prices liability insurance) will go out of their way to avoid making that database.
I think this is a fairly uncharitable view of software engineering in these countries. Many countries by surveillance technology from others.
If I remember correctly, a similar app was used in Russia by stalkers to find lookalikes to their fancy (public persons, ex-lovers). This app empowers all sorts of creepy behaviour.
I think public access to the images of a person should be vetted by the person in question on a case by case basis, but that would destroy their business model.
Yep, found reference: https://www.theguardian.com/technology/2016/may/17/findface-...
From the linked article:
> Kabakov says the app could revolutionise dating: “If you see someone you like, you can photograph them, find their identity, and then send them a friend request.” The interaction doesn’t always have to involve the rather creepy opening gambit of clandestine street photography, he added: “It also looks for similar people. So you could just upload a photo of a movie star you like, or your ex, and then find 10 girls who look similar to her and send them messages.”
If you make it accessible to everyone then you make sure you've got solid audit trail tech. Definitely notify face owner they've been looked up and by whom. A bit like LinkedId profile visitors work already.
Not that familiar with Guatemala but I'm guessing they have internet there, a technically inclined Guatemalan farmer with money to burn and the marketing degree to sell snake oil could setup their own facial recognition startup 10 years ago.
The tech side of these things is neither impressive nor all too novel, the application side on the other hand has pretty significant impact on the society we want to build and live in. Just like GDPR for pushing back against invasive tracking I really don't see why a legislative approach is seen as ineffective in these discussions. Is that because of arguments like "somebody else will do it anyway" / "bad actors still exist"? That seems like relatively bad points to just do nothing. Everybody could rob a bank if they felt like it, that doesn't mean we shouldn't legislate against it.
You can lie, cheat, steal, spy, torture and kill, so long as you do it on behalf of, and for the benefit of, a government.
Other governments use drones to bomb people in various countries with impunity.
If a private citizen does any of this sort of murder of their own accord, they go to jail. The difference between government and private citizens is that the former can exempt itself from the consequences of these heinous acts. That is what is meant by the term “monopoly on violence.” [1]
Also, your opinion on what is murder is arbitrary. All your criticism really is is, "I don't like the definition currently used". That doesn't contain any reason why it should be modified or how or describe any principle.
A monopoly on something doesn’t mean exclusive, 100% godlike control of it. It just means the legitimate provisioning of that thing falls under the authority of one entity. Copyright is a government granted monopoly on the right to copy a creative work but that doesn’t make it impossible for others to make copies, it just makes it illegal.
A state, and words and concepts, only exist insofar as people believe in them. You're only saying "murder is [defined]", not anything about governments. If you pretend you are making a statement about government or politics, it suggests that somehow a different system could achieve a better and different state. Everyone defining legal killing for themselves is not better or worse, it's a contradiction in terms - an absurdity.
I trust government power a lot less than corporate power.
"Nor should they be allowed to do so as this is a abuse of power and a intervention into politics and moral aspects companies should not do."
Your justification for apple not removing them is that it brings them into the realm of making moral decisions which companies should not be making. Yet people call for Clearview AI to make the moral decision of not selling facial recognition tech. It's a two way street. Why should apple not be allowed to make this moral judgement, yet Clearview should have to? Shouldn't Clearview just stay out of moral decisions, and as a company just try to maximize profits?
I don't really have any illusions that most of the entrepreneurs aren't full of it when they talk about values but nonetheless it's incredibly sad to see how strongly the very largest governments fail in advocating for civil liberties.
You can't just go to Samsung, Huawei, Xiaomi, Oppo, Nokia, or anybody else and get one!!
It's a dangerous precedent to force distribution companies (in this case, Apple) to be able to decide to deny service to a vendor.
We want Apple to be able just to get rid of a bad actor.
Can people inside Apple theoretically abuse this power? Yes. However, it's way worse if Apple is forced to allow bad actors in the platform.
I'd say we might talk about better notarization approaches for app (mobile and non-mobile alike). However, getting rid of any notarization is a step backward.
I mean this is all just legal bullshit preventing us from using our own devices the way that we want right? Why not use the same bullshit back against them…
I don’t have a dog in the fight between Clearview and Apple or law-enforcement’s use of AI. I’m just irked by this particular restriction on Apple devices. You just can’t really have a mobile presence without addressing Apple and even if they don’t have a technical monopoly, it annoys me that they still have this level of control over the market.
In this case it is as clear cut as you can get.
A web app can do this easily.
I love web apps, but still haven't used a single real PWA on iOS.
Look at the previous well known cases about this same decision — Facebook tracking people’s every move with a “VPN” software, and Google doing the same (though on a smaller scale) with its own “VPN” app.
These apps and app makers knew about the restrictions on the App Store, and yet they proceeded to bypass it through the enterprise program because the app makers (or those specific teams) and the apps are shady end-to-end. AFAIK, both Facebook and Google pulled the offending apps and decided not to go ahead with them on iOS. But they did continue (again AFAIK) with those on Android.
While we can hope that such bad publicity helps expose such massive threats to people around the world, there’s not much that can actually be done without regulation.
As nice as it is to see these apps be pulled, I would be more comforted if Apple were applying their rules uniformly instead of going after companies after the supposedly shady behavior makes the press.
They just need an enterprise account for each company (or police force or whatever) to distribute the app internally. If anything this just enables them to charge more assuming they've proven out the capabilities and the ROI.
Then each company can distribute it as their own app internally - all within the guidelines of the enterprise TOS.
If just skinning it isn't enough then they can create an SDK and have then consult each company to develop its own app that uses this SDK as part of it. It isn't like Apple restricts enterprise app from using other services and APIs within their own apps.
I don't think the TOS are particularly unfair or hard to work within in this case.
Either they don’t have the expertise to distribute enterprise apps or their clients are not capable of maintaining a MDM software and an Apple Enterprise Account. The latter really bugs me though. It implies that e.g. police officers can install any software on their work devices if they wanted too, which might endanger citizens because of possible data leaks by device loss or hacks. With a MDM you can wipe sensitive data remotely and separate private data from work relevant data.
We distribute our business apps as unsigned xcarchives and our clients resign them with their Enterprise Certificates and Provisioning Profile and this can distribute them as they like.
Wow. Every entity that contracts with this firm has been grossly negligent.
“ It emerged from stealth mode in late 2017 and was linked to far right/alt-right supporters such as Chuck Johnson, Mike Cernovich, Douglass Mackey, and Paul Nehlen.[8]
Clearview AI received investments from Peter Thiel”
Chuck Johnson is the Holocaust denier who shits his pants in public and Cernovich is the pizzagate MRA right? Wtf
What kind of a person talks like this? This isn’t elementary school debate club.
It seems like a lot of companies are apparently using the developer program as an end-run around App Store review.
In the case of a tool like this it seems like the obvious solution would be to use Android phones for police officers, etc. so they can use apps without needing to get Apple to review and approve them.
Otherwise, they would be violating the ToS and can be removed from that as well.
As far as I know, they sell to anyone which pays well and don't go public about using it.
I.e. I wouldn't be surprised if some questionable agencies focused around dodgy detective work or "discrediting" PR work. Heck I also wouldn't be surprised if he literally (but probably unknowingly) sold it to organized crime for which it quite valuable for tracking down witnesses which need to be pressured into keeping silent or some other bullshit usage.
I mean that is one of the major problems with the whole think: It's not a government/state controlled database only used by law enforcement. (Which still would be a problem but a bit less).
4.3 Spam
Don’t create multiple Bundle IDs of the same app. If your app has different versions for specific locations, sports teams, universities, etc., consider submitting a single app and provide the variations using in-app purchase.
From: https://developer.apple.com/app-store/review/guidelines/#spa...
Edit: Thanks for the helpful responses, everyone.